1-1     By:  Ogden                                             S.B. No. 341
 1-2           (In the Senate - Filed February 1, 1999; February 3, 1999,
 1-3     read first time and referred to Committee on Finance;
 1-4     April 19, 1999, reported adversely, with favorable Committee
 1-5     Substitute by the following vote:  Yeas 9, Nays 0; April 19, 1999,
 1-6     sent to printer.)
 1-7     COMMITTEE SUBSTITUTE FOR S.B. No. 341                    By:  Ogden
 1-8                            A BILL TO BE ENTITLED
 1-9                                   AN ACT
1-10     relating to taxing the sale, use, or consumption of Internet access
1-11     service.
1-12           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-13           SECTION 1.  Subchapter A, Chapter 151, Tax Code, is amended
1-14     by adding Sections 151.00393 and 151.00394 to read as follows:
1-15           Sec. 151.00393.  "INTERNET." "Internet" means collectively
1-16     the myriad of computer and telecommunications facilities, including
1-17     equipment and operating software, that comprise the interconnected
1-18     worldwide network of networks that employ the Transmission Control
1-19     Protocol/Internet Protocol, or any predecessor or successor
1-20     protocols to that protocol, to communicate information of all kinds
1-21     by wire or radio.
1-22           Sec. 151.00394.  "INTERNET ACCESS SERVICE."  (a) "Internet
1-23     access service" means a service that enables users to access
1-24     content, information, electronic mail, or other services offered
1-25     over the Internet and may also include access to proprietary
1-26     content, information, and other services as part of a package of
1-27     services offered to consumers.
1-28           (b)  "Internet access service" does not include and the
1-29     exemption under Section 151.325 does not apply to any taxable
1-30     service listed in Sections 151.0101(a)(1)-(15), unless the taxable
1-31     service is provided in conjunction with and is merely incidental to
1-32     the provision of Internet access service.
1-33           SECTION 2.  Subsection (a), Section 151.0101, Tax Code, is
1-34     amended to read as follows:
1-35           (a)  "Taxable services" means:
1-36                 (1)  amusement services;
1-37                 (2)  cable television services;
1-38                 (3)  personal services;
1-39                 (4)  motor vehicle parking and storage services;
1-40                 (5)  the repair, remodeling, maintenance, and
1-41     restoration of tangible personal property, except:
1-42                       (A)  aircraft;
1-43                       (B)  a ship, boat, or other vessel, other than:
1-44                             (i)  a taxable boat or motor as defined by
1-45     Section 160.001;
1-46                             (ii)  a sports fishing boat; or
1-47                             (iii)  any other vessel used for pleasure;
1-48                       (C)  the repair, maintenance, and restoration of
1-49     a motor vehicle; and
1-50                       (D)  the repair, maintenance, creation, and
1-51     restoration of a computer program, including its development and
1-52     modification, not sold by the person performing the repair,
1-53     maintenance, creation, or restoration service;
1-54                 (6)  telecommunications services;
1-55                 (7)  credit reporting services;
1-56                 (8)  debt collection services;
1-57                 (9)  insurance services;
1-58                 (10)  information services;
1-59                 (11)  real property services;
1-60                 (12)  data processing services;
1-61                 (13)  real property repair and remodeling;
1-62                 (14)  security services; [and]
1-63                 (15)  telephone answering services; and
1-64                 (16)  Internet access service.
 2-1           SECTION 3.  Subchapter H, Chapter 151, Tax Code, is amended
 2-2     by adding Section 151.325 to read as follows:
 2-3           Sec. 151.325.  BASIC FEE FOR INTERNET ACCESS SERVICE.
 2-4     (a)  The sale, use, or other consumption in this state of Internet
 2-5     access service is exempted from the taxes imposed by this chapter
 2-6     in an amount not to exceed the first $25 of a monthly charge.
 2-7           (b)  The exemption provided by this section applies without
 2-8     regard to:
 2-9                 (1)  whether the Internet access service is bundled
2-10     with another service, including any taxable service listed in
2-11     Sections 151.0101(a)(1)-(15); or
2-12                 (2)  the billing period used by the service provider.
2-13           (c)  The exemption in this section applies to the total sales
2-14     price the service provider charges for Internet access to a
2-15     purchaser, without regard to whether the service provider charges
2-16     one lump-sum amount or separately bills the purchaser for each
2-17     user.
2-18           SECTION 4.  (a) This Act takes effect on the first day of the
2-19     first calendar quarter beginning on or after the date that it may
2-20     take effect under Section 39, Article III, Texas Constitution.
2-21           (b)  The change in law made by this Act does not affect taxes
2-22     imposed before the effective date of this Act, and the law in
2-23     effect before the effective date of this Act is continued in effect
2-24     for purposes of the liability for and collection of those taxes.
2-25           SECTION 5.  The importance of this legislation and the
2-26     crowded condition of the calendars in both houses create an
2-27     emergency and an imperative public necessity that the
2-28     constitutional rule requiring bills to be read on three several
2-29     days in each house be suspended, and this rule is hereby suspended,
2-30     and that this Act take effect and be in force according to its
2-31     terms, and it is so enacted.
2-32                                  * * * * *